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What are the differences in sentencing for Juveniles committing murder and adult committing murder?

Silver Spring, MD |

This is for a school paper about the controversy between child and adult sentencing on murder

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Attorney answers 1


It is not clear if you are talking about a juvenile charged as an adult or a juvenile in the juvenile justice system. If the person is under 18, but charged as an adult, they face the same penalties as if they were over 18. You can rest assured, however, that the person's age will be a factor considered by the judge. If the person is in the juvenile system the court does not "sentence" them. Rather, they are ordered to recieve services from the Department of Juvenile Services. Those "services" could include detention in alocked facility. It all depnds on the case and the person.



In State V. Davis, 281 Wis. 2d 118 the State of Wisconsin further neglects it's responsability to it's children when it stated, "Adefendant's age is a secondary factor that the trial court may, but is not required to consider in fashioning an approriate sentence. The Trial Court, if it considers age, determines whether it should carry any weight". In other words, a Judge has the sole discretion to determine whether or not a child's age is releveant at sentencing.

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